Environmental Permit No. EP-434/2012
環境許可證編號 EP-434/2012
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO OPERATE
A
DESIGNATED PROJECT
營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant
to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the
Director of Environmental Protection (the Director) grants this environmental
permit to Drainage Services
Department (hereinafter
referred to as the "Permit Holder") to operate the designated
projects described in Part B subject to the
conditions specified in Part C. The issue of this environmental permit is based on the documents,
approvals or permissions described below:
根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長(署長)將本環境許可證批予渠務署(下稱 “許可證持有人”)，以營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
AEP-434/2011 |
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Document in the Register : 登記冊上的文件: |
1.
Drainage
Improvement in -
Final Environmental Impact Assessment Report -
Environmental Impact Assessment Report - Executive
Summary -
Final Environmental Monitoring and Audit Manual Hereinafter
referred to as the “EIA Report” (Register No. : AEIAR-093/2005) 南大嶼山雨水排放系統改善計劃 -
最終環境影響評估報告 -
環境影響評估報告 - 行政摘要 -
最終環境監察及審核手冊 下稱“環評報告”（登記冊編號AEIAR-093/2005） 2.
The
Director’s letter of approval of the EIA Report dated 5 December 2005
referenced EP2/N9/I/97 環境保護署署長於二○○五年十 3.
Application
for Environmental Permit received on 28 December 2005 (Application No.:
AEP-237/2005) 許可證持有人於 4.
Environmental
Permit issued on 25 January 2006 (Permit No. EP-237/2005) 於 5.
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 5 February 2007 (Application No. VEP-230/2007) 許可證持有人於 6.
Environmental
Permit issued on 5 March 2007 (Permit No. EP-237/2005/A) 於 7.
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 1 April 2009 (Application No. VEP-283/2009) 許可證持有人於 8.
Environmental
Permit issued on 23 April 2009 (Permit No. EP-237/2005/B) 於 9. Application
for Environmental Permit received on 7 December 2011 (Application No.: AEP-434/2011)
許可證持有人於 |
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3 January 2012 |
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Date 日期 |
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(Sam W.H. Wong) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(區域評估)黃偉康代行) |
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PART B (DESCRIPTION OF
DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the
description of the designated projects mentioned in Part A of this
environmental permit (hereinafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
|
Title of Designated Projects 指定工程項目的名稱 |
Drainage
Improvement in (This
designated project is hereafter referred to as “the Project”) 南大嶼山雨水排放系統改善計劃 (本指定工程項目下稱“工程項目”) |
|
Nature of Designated Projects 指定工程項目的性質 |
Operation
of drainage improvement works at 在離銀礦灣泳灘不足 |
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Location of Designated Projects 指定工程項目的地點 |
位處南大嶼山梅窩的白銀鄉河、大地塘河、鹿地塘河和嶺咀頭。 The
location of the Project is shown in Figure
1 of this Permit. 工程項目的地點展示於本許可證圖1內 |
|
Scale
and Scope of Designated Projects |
The
Project mainly consists of the followings : 工程項目主要範圍包括以下： (A)
Pak Ngan Heung River 白銀鄉河 i.
an open trapezoidal channel of about 以石籠護土牆、拋石和天然物質修建長約 ii.
a rectangular channel of about 以拋石為墊層、長約 iii.
a 3-cell diversion box culvert of about 長約 (B) Tai Tei Tong River 大地塘河 i.
improvement of three bottlenecks, with
existing riverbed untouched and the riverbank reinstated by gabion blocks. 改善3個樽頸位置，以石籠修復河堤，而現有河床則不受工程影響。 (C)
Luk Tei Tong River 鹿地塘河 i.
an open trapezoidal channel of about 以石籠護土牆、拋石和天然物質修建、長約 ii.
a rectangular bypass channel of about 長約 (D)
Ling Tsui Tau U-Channel 嶺咀頭U形排水道 i.
A 長約 ii.
Upgrading of existing drains of about 提升長約 |
1. General
Conditions
1.1
The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit. Any non-compliance by any person may
constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap.499) and may become the subject of appropriate action being taken under
the Ordinance.
1.2
The Permit Holder shall ensure full compliance
with all legislation from time to time in force including, without limitation
to, the Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute
any ground of defense against any proceedings instituted under any legislation
or imply any approval under any legislation.
1.3
The Permit Holder shall give a copy of this
Permit to the person(s) in charge of the operation of the Project and ensure
that such person(s) fully understands all conditions and all requirements
incorporated by the Permit.
1.4
The Permit Holder shall operate the Project in
accordance with the project description in Part B
of this Permit.
1.5
The Permit Holder shall ensure that the Project
is operated in accordance with the information and recommendations described in
the approved EIA Report (Register No. AEIAR-093/2005), the Application for
Environmental Permit (Application No. AEP-237/2005 and AEP-434/2011), the
application documents for variation of an environmental permit (Application No.
VEP-230/2007 and VEP-283/2009) and other relevant documents in the Register,
the information and mitigation measures described in this Permit.
2
Measures for the Operation of
the Project
2.1 The Permit
Holder shall use temporary barrier walls to provide a dry work zone for
maintenance desilting of the re-profiled river channels of
2.2 To minimize sedimentation, desilting shall be limited to the dry season (November to March).
2.3 The Permit Holder shall phase the implementation of de-silting and other activities that could disturb aquatic fauna to ensure some areas of relatively undisturbed habitats remain available for resident aquatic fauna at all times.
2.4 The Permit Holder shall undertake vegetation control at Luk Tei Tong Bypass Channel outside the main breeding season for wildlife (April to August) to avoid potential ecological impacts.
Notes :
1.
This Permit consists of three parts, namely, PART A
(Main Permit), PART B (Description of Designated Project)
and PART C (Permit Conditions). Any person relying
on this permit should obtain independent legal advice on the legal implications
under the EIAO, and the following notes are for general information only.
2.
If there is a breach of any conditions of this Permit, the Director or
his authorized officer may, with the consent of the Secretary for the
Environment, order the cessation of associated work until the remedial action
is taken in respect of the resultant environmental damage, and in that case the
Permit Holder shall not carry out any associated works without the permission
of the Director or his authorized officer.
3. The Permit Holder may apply under Section 13
of the EIAO to the Director for a variation of the conditions of this
Permit. The Permit Holder shall replace the original permit displayed on
the Project site by the amended permit.
4. A person who assumes the responsibility for
the whole or a part of the Project may, before he assumes responsibility of the Project, apply
under Section 12 of the EIAO to the Director for a further environmental
permit.
5. Under Section 14 of the EIAO, the Director may with the
consent of the Secretary for the Environment, suspend, vary or cancel this
Permit. The suspended, varied or cancelled Permit shall be removed from
display at the Project site.
6. If this Permit is cancelled or surrendered
during operation of the Project, another environmental permit must be obtained under the
EIAO before the Project could be continued. It is an offence under
section 26(1) of the EIAO to operate a designated project listed in Schedule 2 of the EIAO without a valid environmental
permit.
7. Any person who operates the Project contrary to the conditions in
the Permit, and is convicted of an offence under the EIAO, is liable:-
(i)
on a first conviction on
indictment to a fine of $ 2 million and to imprisonment for 6 months;
(ii)
on a second or subsequent
conviction on indictment to a fine of $ 5 million and to imprisonment for 2
years;
(iii)
on a first summary
conviction to a fine at level 6 and to imprisonment for 6 months;
(iv)
on a second or subsequent
summary conviction to a fine of $1 million and to imprisonment for 1 year; and
(v)
in any case where the
offence is of a continuing nature, the court or magistrate may impose a fine of
$ 10,000 for each day on which he is satisfied the offence continued.
8. The Permit Holder may appeal against any condition
of this Permit under Section 17 of the EIAO within 30 days of receipt of this Permit.
9.
The Notes are for general reference only and that the Permit Holder
should refer to the EIA Ordinance for details and seek independent legal
advice.
Environmental Permit No. EP-434/2012
環境許可證編號 EP-434/2012
| Figure 1 |
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